suresh73
04-20 10:12 AM
I am working for Company A and company B wanted to provide me with pre-approved labor of EB2 category with priority date in July 2002. The Company B's pre-approved EB2 labor was for a Master degree with salary of 80K. I have only bachelor Degree but with more than 8 years of experience in IT. My I-140 has been approved with the present employer company A but it is EB3.
Is there any possibility to take advantage of the company B's pre-approved EB2 labor certificate considering more than 5 years of experience as a qualification though it requires a Master degree.
Thank you.
Is there any possibility to take advantage of the company B's pre-approved EB2 labor certificate considering more than 5 years of experience as a qualification though it requires a Master degree.
Thank you.
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sidbee
05-30 11:52 AM
I know this guy who was a junior to me and reporting to me in India. I resigned and moved with another company and later moved to US. After an year I joined the same company which I was working in India. Now this guy, just because having some relation with the VP made some arrangement and came to US on L1 and applied under EB1 and got his GC in 1.5 years. More over he was no good as manager and a pathetic programmer. Also he did no good to the company actually lost a few clients and when he got his ass on fire he moved to other company and started working as a pathetic programmer with his GC
When I saw this I was so irritated and now thinking what the FUCK this Grassely is doing for this.I think neither we doing anything. He just wants votes by creating sensation among the white rednecks for the next election.
AAAHHHHH... nuts nuts nuts.. 10,9,8,7,6,5,4,3,2,1... hooo.. :) controlling my anger..
This is the worst thing we Indians do , we want to pull legs of people who are going ahead of us.
If he got his GC through EB1 , if he is a manager , he deserves it.
If i don't like my manager and do not agree to him , this doesn't make him a bad manager , and even if he is a bad manager for his employees, doesn't mean he is a bad manager for the employer.
I also joined the same company , i used to work for in India, All the guys who use to be my juniors , are seniors /peers now . In India you get a promotion easily , and that's not the case in US.
If you come to US as a manager , you have a bright future , but if you come as a developer/contributor and hope to become a manager(at the same pace ,as if you are in India)you are looking for lot of struggle my friend.
When I saw this I was so irritated and now thinking what the FUCK this Grassely is doing for this.I think neither we doing anything. He just wants votes by creating sensation among the white rednecks for the next election.
AAAHHHHH... nuts nuts nuts.. 10,9,8,7,6,5,4,3,2,1... hooo.. :) controlling my anger..
This is the worst thing we Indians do , we want to pull legs of people who are going ahead of us.
If he got his GC through EB1 , if he is a manager , he deserves it.
If i don't like my manager and do not agree to him , this doesn't make him a bad manager , and even if he is a bad manager for his employees, doesn't mean he is a bad manager for the employer.
I also joined the same company , i used to work for in India, All the guys who use to be my juniors , are seniors /peers now . In India you get a promotion easily , and that's not the case in US.
If you come to US as a manager , you have a bright future , but if you come as a developer/contributor and hope to become a manager(at the same pace ,as if you are in India)you are looking for lot of struggle my friend.
chintu25
02-13 11:14 AM
Yeah I had the same confusion
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cps060
04-04 08:39 AM
What are your options if the Canadian PR expires (go to CA get PR and come back to US) and you are still in the US ? OR say you are in your 4th/5th year of CA PR and then you then desire to go to CA, can you re-apply for the Canadian PR ? If you can, what is the procedure .... ?
Anyone who know abt this, please respond.
Anyone who know abt this, please respond.
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unseenguy
05-29 11:47 AM
Guys : Once again I would suggest not to use tunnel vision. I personally know one case of EB1 in cognizant where one of my closest friends who never scored more than me in college exams and doesnt make more than I do got his GC in EB1.
Whatever Mr Oppenheim is saying is precise bullshit! Its all political. He is a bureaucrat who needs to defend the political policies. Where have we seen any transparency? Is there any transparency to the whole process?
If Mr Oppenheim has numbers so handy, can he explain why there are wild swings in visa bulletin and not a computerized FIFO policy. I can understand some 15-20% overlap for cases stuck in name check, unapprovable, etc etc. But every month/year visa bulletin swings like a pendulum which doesnt know which way is the right way.
If you complain about EB1, your friends will also lose GCs and no body will get GC. With that you are effectively saying, I dont get GC, even X should not get GC.
Although I think EB1 problem is largely restricted to Cognizant and needs to be addressed.
Whatever Mr Oppenheim is saying is precise bullshit! Its all political. He is a bureaucrat who needs to defend the political policies. Where have we seen any transparency? Is there any transparency to the whole process?
If Mr Oppenheim has numbers so handy, can he explain why there are wild swings in visa bulletin and not a computerized FIFO policy. I can understand some 15-20% overlap for cases stuck in name check, unapprovable, etc etc. But every month/year visa bulletin swings like a pendulum which doesnt know which way is the right way.
If you complain about EB1, your friends will also lose GCs and no body will get GC. With that you are effectively saying, I dont get GC, even X should not get GC.
Although I think EB1 problem is largely restricted to Cognizant and needs to be addressed.
GC_sufferer
07-03 09:27 PM
We should ask Congress to postpone the July 30th fee increase while it studies how USCIS can function year round with the same efficiency that it showed in the last two weeks of June.
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GCWhru
07-23 11:38 AM
Guys,
I think we have talked and analyzed enough about how many visas available for August and September and pretty much arrived at conclusion that at the minimum 20K visas available. (Thanks to vdlrao).
Now we should talk about capability of USCIS and its processing speed? What is the normal approval rate with USCIS's regular processing. Also we heard that USCIS recruited many people, Do we suppose to see any improvement in processing. Do we think all the 20K visas will be used within 2 months?
If USCIS is going to approve only 5K visas over next 2 months, there is no point in talking how many visas left.
Thanks
I think we have talked and analyzed enough about how many visas available for August and September and pretty much arrived at conclusion that at the minimum 20K visas available. (Thanks to vdlrao).
Now we should talk about capability of USCIS and its processing speed? What is the normal approval rate with USCIS's regular processing. Also we heard that USCIS recruited many people, Do we suppose to see any improvement in processing. Do we think all the 20K visas will be used within 2 months?
If USCIS is going to approve only 5K visas over next 2 months, there is no point in talking how many visas left.
Thanks
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grupak
12-14 01:07 PM
villamonte6100 there was a thread some time back about people considering going to law school and becoming their own lawyers. What I took out of it was that its not that easy. Besides going to school, you have to pass some tough state exams. I am quite happy with my lawyer. I paid some dough but its much cheaper than going to law school, and saves me time and headache.
Going to law school is not for everyone, definitely not for me (fat books scares me :eek:). I like the suggestion by garybanz about getting a qualified opinion. Just so that we know.
Going to law school is not for everyone, definitely not for me (fat books scares me :eek:). I like the suggestion by garybanz about getting a qualified opinion. Just so that we know.
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EndlessWait
10-07 06:36 PM
lets get the message to congress!
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ramus
07-03 11:09 PM
Cool... Please put her contact email so others can send her email too..
Thanks.
Just sent her a thank you note and my letter above.
Thanks.
Just sent her a thank you note and my letter above.
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vrbest
07-11 08:18 AM
Not sure if it was answered anywhere for similar situation..
Here is my situation. I would like to see my options:
1) I am on H1B (7th year and got extended for 3 yrs) and applied 485, received EAD from company A (140 approved).
2) Applied 485 for wife and kid and got EAD last July.
3) Category is EB3-I PD of Apr 06.
4) Though I was eligible for EB2 (13 yrs exp before joining company A) becas of Company A (they decided not to open EB2 position at that time). I was forced to go to EB3.
5) I am getting offer from my client and my company has agreed me to support. but client won't do H1 so I have to use EAD
6) in this case, can I get a another company (for future employment) to file for my GC on EB2? Will they be able to do it without H1 to them?
7) if so what would be the implications?
Thanks in advance!
Here is my situation. I would like to see my options:
1) I am on H1B (7th year and got extended for 3 yrs) and applied 485, received EAD from company A (140 approved).
2) Applied 485 for wife and kid and got EAD last July.
3) Category is EB3-I PD of Apr 06.
4) Though I was eligible for EB2 (13 yrs exp before joining company A) becas of Company A (they decided not to open EB2 position at that time). I was forced to go to EB3.
5) I am getting offer from my client and my company has agreed me to support. but client won't do H1 so I have to use EAD
6) in this case, can I get a another company (for future employment) to file for my GC on EB2? Will they be able to do it without H1 to them?
7) if so what would be the implications?
Thanks in advance!
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Macaca
06-28 08:24 PM
As per Macaca's logic, pre Oct 2005 PDs will take up all the numbers available for EB2 Indai for 2007, in June and July.
Not all numbers for 2007. Only numbers that were left before June 1st.
How many numbers are for EB-2 (India)? I think 2800.
Not all numbers for 2007. Only numbers that were left before June 1st.
How many numbers are for EB-2 (India)? I think 2800.
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samay
07-21 08:23 PM
Hi,
I am on H1B (7th year and got extended for 3 yrs) and applied 485, received EAD from company A (140 approved).
I am asked to join Client by Company A due to some benefits both of us would receive. But Client wont support H1 so I need to use EAD.
Since EB3 is in very bad situation, Can I file new Perm, 140 and port my PD for EB2 using Company C for future position? I have position, salary and exp required for EB2. When should I join Company C if I choose this route?
Thanks in advance!
Whats your EB3 PD. You can join company C anytime assuming that it has been more than six months since you filed your I-485. Company C can start the EB2 process should you choose to. However bear in mind that this process will also take some time.
I am on H1B (7th year and got extended for 3 yrs) and applied 485, received EAD from company A (140 approved).
I am asked to join Client by Company A due to some benefits both of us would receive. But Client wont support H1 so I need to use EAD.
Since EB3 is in very bad situation, Can I file new Perm, 140 and port my PD for EB2 using Company C for future position? I have position, salary and exp required for EB2. When should I join Company C if I choose this route?
Thanks in advance!
Whats your EB3 PD. You can join company C anytime assuming that it has been more than six months since you filed your I-485. Company C can start the EB2 process should you choose to. However bear in mind that this process will also take some time.
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dixie
02-13 01:01 AM
I thought the alien must be present on a dual intent non-immigrant visa to be eligible for AOS (I-485). I don't think people on F1/F4, B1/B2 are eligible to file for AOS while in the US. Consular Processing may be a different story.The H,L and O NIVs are the only ones that I know have dual intent.
They enter on visitors visas. Their I-94 card may be valid for 90 days or 180 days. They have a pre-arrangement with a company or relative to find a company who will file perm labor in eb2; file 140 and 485 and then stay and get their greencard this way. Since perm labors get approved very fast and ROW people are filing in eb2 then they are taking up the quota. Main requirement of filing 485 is one has to be in valid non immigrant status. Anyone who enters USA in non immigrant status (h-1, h-4, L-1, F-1, F-2, B-1/B-2, etc.) and can get a perm labor approved in eb2 and they are from row will get their greencard in less then six months.
They enter on visitors visas. Their I-94 card may be valid for 90 days or 180 days. They have a pre-arrangement with a company or relative to find a company who will file perm labor in eb2; file 140 and 485 and then stay and get their greencard this way. Since perm labors get approved very fast and ROW people are filing in eb2 then they are taking up the quota. Main requirement of filing 485 is one has to be in valid non immigrant status. Anyone who enters USA in non immigrant status (h-1, h-4, L-1, F-1, F-2, B-1/B-2, etc.) and can get a perm labor approved in eb2 and they are from row will get their greencard in less then six months.
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u.misc
01-14 10:12 AM
This memo is a Blow Job to the anti-immigrant lobby and is politically motivated. Although this won't effect people using EAD but there are number of people who are waiting to file I-485 and would need to extend H1-Bs.
Lets fight for the rights. A picture perfect example of "protectionism". This memo won't be a doom for Skilled workers but for USA.
Skill have no boundaries and would find a way to success, if not in USA, somewhere else.
Lets fight for the rights. A picture perfect example of "protectionism". This memo won't be a doom for Skilled workers but for USA.
Skill have no boundaries and would find a way to success, if not in USA, somewhere else.
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msp1976
02-13 02:50 PM
I don't think so. 7% limit has been there for a very long time. Unused visas from prior years for ac21 purposes were still subject to 7% in current year. The 7% rule was unchanged.
It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.
Refer to this text.....
http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_
TITLE 8, CHAPTER 12, SUBCHAPTER II, Part I, Sec. 1152.
Look at paragraph a(5)
(5) Rules for employment-based immigrants
(A) Employment-based immigrants not subject to per country
limitation if additional visas available
If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 1153(b) of this title for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) Limiting fall across for certain countries subject to
subsection (e) of this section
In the case of a foreign state or dependent area to which subsection (e) of this section applies, if the total number of visas issued under section 1153(b) of this title exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 1153(b) of this title consistent with subsection (e) of this section (determined without regard to this paragraph), in applying subsection (e) of this section all visas shall be deemed to have been required for the classes of aliens specified in section 1153(b) of this title.
This is the section that allows for the 7% cap to be violated in case additional visas are available.................
This is the one many anti immigrant people tried to get removed again and again......
USCIS did not do anything wrong in 2005 nor in 2006.....By allocating additional visas to India/China USCIS did not do anything wrong...You can sue them ....USCIS has good grounds to defend their position.....You would not get anywhere...
It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.
Refer to this text.....
http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_
TITLE 8, CHAPTER 12, SUBCHAPTER II, Part I, Sec. 1152.
Look at paragraph a(5)
(5) Rules for employment-based immigrants
(A) Employment-based immigrants not subject to per country
limitation if additional visas available
If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 1153(b) of this title for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) Limiting fall across for certain countries subject to
subsection (e) of this section
In the case of a foreign state or dependent area to which subsection (e) of this section applies, if the total number of visas issued under section 1153(b) of this title exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 1153(b) of this title consistent with subsection (e) of this section (determined without regard to this paragraph), in applying subsection (e) of this section all visas shall be deemed to have been required for the classes of aliens specified in section 1153(b) of this title.
This is the section that allows for the 7% cap to be violated in case additional visas are available.................
This is the one many anti immigrant people tried to get removed again and again......
USCIS did not do anything wrong in 2005 nor in 2006.....By allocating additional visas to India/China USCIS did not do anything wrong...You can sue them ....USCIS has good grounds to defend their position.....You would not get anywhere...
more...
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mallu
05-14 03:09 AM
http://www.rediff.com/money/2007/may/14it.htm
Are those returned due to --ssed of immigration system here ?
Are those returned due to --ssed of immigration system here ?
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eb3_nepa
05-10 05:27 PM
Thanks for the clarification. Actually what i meant was, we did highlight to the lawmakers at some point that the points based system is better. I know it was never IV's policy to ask for a points based system.
And yes if the system worked fine, the US is definitely better than aus and canada combined. Money and everything wise. I guess someone on here correctly pointed out that it is the sheer volume of immigrants combined with the fact that there is no real incentive to speed things up. The employer is happy coz there is no need to raise wages and new h1's can always be hired, the immigration attorneys are happy coz they make money due to slowness, the American techie population is happy coz there is no mass influx of tech workers to "drive the wages lower", Anti-immigrant organizations are happy coz once again no mass influx which may lead to "chain migration", the Apartment industry is happy coz if u cant buy u HAVE to rent, and lastly UCSIS/DOL people are happy coz they get more time to review each case. If there is no point to granting you the GC faster why will they? You will pay the same amt of tax b4 and after ur GC. Now in the Canadian system, there is a Fixed Path AND it is QUICK. Both have to go hand in hand. Like one of my friends pointed out, in the US ur spouse cannot work and ur uncertain. In the UK/AUS/Canada, you make less money but we are more secure coz you can both work and we can buy a house etc. Once again this sounds like a broken record, but it is true.
And yes if the system worked fine, the US is definitely better than aus and canada combined. Money and everything wise. I guess someone on here correctly pointed out that it is the sheer volume of immigrants combined with the fact that there is no real incentive to speed things up. The employer is happy coz there is no need to raise wages and new h1's can always be hired, the immigration attorneys are happy coz they make money due to slowness, the American techie population is happy coz there is no mass influx of tech workers to "drive the wages lower", Anti-immigrant organizations are happy coz once again no mass influx which may lead to "chain migration", the Apartment industry is happy coz if u cant buy u HAVE to rent, and lastly UCSIS/DOL people are happy coz they get more time to review each case. If there is no point to granting you the GC faster why will they? You will pay the same amt of tax b4 and after ur GC. Now in the Canadian system, there is a Fixed Path AND it is QUICK. Both have to go hand in hand. Like one of my friends pointed out, in the US ur spouse cannot work and ur uncertain. In the UK/AUS/Canada, you make less money but we are more secure coz you can both work and we can buy a house etc. Once again this sounds like a broken record, but it is true.
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walking_dude
02-13 11:13 AM
This theory that 'AILA/AILF lawsuit threat overturned July VB' is out of touch with the reality. Threatening lawsuit was bad for AILA. They were not involved in the discussions that finaly resulted in reversal. IV was a participant but AILA was not.
We shouldn't repeat their mistake. The moment IV files a lawsuit, USCIS will stop discussing with us. We will be off the discussion table. Only place they'll talk to us will be in the courtroom. We also shouldn't forget the pressure applied by Congresswoman Zoe Lofgren on USCIS and DOS. She was ready to wash their dirty linen in public. No doubt, she was influenced by rally in San Jose - which happens to be her constituency.
3 year EAD/AP, AC21 interpretation are rules that USCIS makes, there's no way a judge can dictate what rules a government department should make. You wrote "there is nothign to lose but a lot to win" . Like someone pointed out we won't even be recovering 10k -20k spent on it, even if we win. We'll be getting into a case which has no chances or very slim chances of winning.
If we lose the case, there's no going back to discussions with USCIS. They won't be entertaining us after we sued them. It's a grave risk you should understand. I feel tired at having to explain it the Nth time to some of you who still consider AILA as a messiah. Nothing happens because of just one factor. It's a combination of several factors that ultimately produces results. There are no silver bullets that fix every problem. Its the reality.
it is the threat of a massive lwsuit from immigration lawyers association that made uscis backtrack and open up july 2 filing..we are all benefeciaries of that.
itz not our flowers or the rally that did the trick it is the threat of lawsuit.
if we consult lawyers we can check if we have a case and on what grounds. even f not anything else we may win on things like 3 yr AP relaxed ac21 rules etc. these are operational policies and dont need congress. USCIS can change these rules.
there is nothign to lose but a lot to win.
we can even appeal on the grounds that USCIS policies led us in to a bonded labor situation unable to change employer , foregone career choices and income potential..etc.. this violates the concept of free will and just labor practices. Many rules in AC21 and AP still try to tie us down to the employer who has already enjoyed > 5 years of our hardwork.
We shouldn't repeat their mistake. The moment IV files a lawsuit, USCIS will stop discussing with us. We will be off the discussion table. Only place they'll talk to us will be in the courtroom. We also shouldn't forget the pressure applied by Congresswoman Zoe Lofgren on USCIS and DOS. She was ready to wash their dirty linen in public. No doubt, she was influenced by rally in San Jose - which happens to be her constituency.
3 year EAD/AP, AC21 interpretation are rules that USCIS makes, there's no way a judge can dictate what rules a government department should make. You wrote "there is nothign to lose but a lot to win" . Like someone pointed out we won't even be recovering 10k -20k spent on it, even if we win. We'll be getting into a case which has no chances or very slim chances of winning.
If we lose the case, there's no going back to discussions with USCIS. They won't be entertaining us after we sued them. It's a grave risk you should understand. I feel tired at having to explain it the Nth time to some of you who still consider AILA as a messiah. Nothing happens because of just one factor. It's a combination of several factors that ultimately produces results. There are no silver bullets that fix every problem. Its the reality.
it is the threat of a massive lwsuit from immigration lawyers association that made uscis backtrack and open up july 2 filing..we are all benefeciaries of that.
itz not our flowers or the rally that did the trick it is the threat of lawsuit.
if we consult lawyers we can check if we have a case and on what grounds. even f not anything else we may win on things like 3 yr AP relaxed ac21 rules etc. these are operational policies and dont need congress. USCIS can change these rules.
there is nothign to lose but a lot to win.
we can even appeal on the grounds that USCIS policies led us in to a bonded labor situation unable to change employer , foregone career choices and income potential..etc.. this violates the concept of free will and just labor practices. Many rules in AC21 and AP still try to tie us down to the employer who has already enjoyed > 5 years of our hardwork.
kittu1991
05-01 02:44 PM
It is a shame India does not act to protect the interests of its citizens even after this news came up.
Why do you think it is Indian citizens? Just because some politicians are saying so for their own gains all Tamilians in Srilanka are not Indian citizen.
Heck, even USA is trying harder than India by using its muscle to block billions of dollars of IMF funds to SL for not caring about ceasefire.
Are you suggesting India should start playing the role of world police as USA.
LTTE is the one who took the life of our beloved leader Rajiv Gandhi who would have taken India to much high in the world. And why should India protect them.
Why do you think it is Indian citizens? Just because some politicians are saying so for their own gains all Tamilians in Srilanka are not Indian citizen.
Heck, even USA is trying harder than India by using its muscle to block billions of dollars of IMF funds to SL for not caring about ceasefire.
Are you suggesting India should start playing the role of world police as USA.
LTTE is the one who took the life of our beloved leader Rajiv Gandhi who would have taken India to much high in the world. And why should India protect them.
alisa
02-13 08:07 PM
You may not be wrong! (Though you are stretching it a bit too far.)
We are not here to do justice. We are all here for our self-interests.
I am eating 3 times a day and looking for the fourth meal. Meanwhile there is a bunch hanging around the kitchen looking for atleast 1 meal a day. The food supply is limited. If i join with those , i might be in a situation of 2 meals a day. Even though justice is done with respect to whole lot, there was some injustice to me. What is then the incentive to work with IV ? Wasn't that the tone of question ?
We are not here to do justice. We are all here for our self-interests.
I am eating 3 times a day and looking for the fourth meal. Meanwhile there is a bunch hanging around the kitchen looking for atleast 1 meal a day. The food supply is limited. If i join with those , i might be in a situation of 2 meals a day. Even though justice is done with respect to whole lot, there was some injustice to me. What is then the incentive to work with IV ? Wasn't that the tone of question ?
